Break up Florida's medical marijuana monopoly | Editorial

By Sun Sentinel Editorial Board

Feb 15, 2017 | 4:45 PM

Floridians overwhelmingly made access to medical marijuana a constitutional right. Now, the state's so-called Office of Compassionate Use, and some lawmakers, want to make it onerous to obtain cannabis. It's disappointing, but not surprising, given Tallahassee's resistance to medical marijuana.

Two competing bills are circulating in the Florida Senate. We favor the proposal by Republican Sen. Jeff Brandes of St. Petersburg, largely because it would break the monopoly the state gave seven companies after a non-euphoric strain of cannabis was legalized in 2014.

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Brandes' bill also would end the requirement that chosen companies do it all – from seed to store. Rather, companies would be able to secure licenses to do what they do best: grow, process, transport or dispense the drug.

The bill also would allow more treatment centers to open than the competitor bill, and doctors could prescribe smokable cannabis, which many patients prefer. Also, local governments could prohibit dispensaries if they choose, and there'd be a limit of one license for every 25,000 people.

The other bill comes from Republican Sen. Rob Bradley of Fleming Island, who wants to let only the seven monopoly companies grow and distribute medical marijuana, though that number could grow if the patient population grows. However, Bradley would ban smokable cannabis and make patients wait 90 days to fill a prescription.

When you hear about government creating winners and losers in the marketplace, think about how Florida has treated entrepreneurs hoping to grow the medical marijuana industry.

Why would free-market Republicans pick just seven companies to control the entire supply chain — from nursery to dispensary — in different regions of the state?

Can you imagine if only seven breweries were licensed to sell beer in Florida and had to grow the hops, distill the beverages and distribute the six-packs to stores?

What if only seven drug companies could develop and sell prescription drugs in Florida? Think prices are high now? Hold onto your wallets.

Yet this is exactly the path that a majority of lawmakers and Gov. Rick Scott seemingly prefer, with Bradley's bill.

While each of the seven licensed companies has 30-plus years of agricultural experience, none were experienced in the cannabis industry before Florida legalized the non-euphoric Charlotte's Web three years ago. Not only did government exclude companies with experience in other states, the requirement that each company do it all eliminated small businesses, including minority-run companies, unable to hurdle the barrier to the marketplace.

If neither bill passes this spring, the state Department of Health's policy will rule, yet its proposal is most onerous of all.

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For example, the amendment says patients with certain illnesses — like cancer, epilepsy and AIDS — qualify for medical marijuana usage, along with those suffering "other debilitating medical conditions." But the agency wants the Florida Board of Medicine to define those "other" conditions, rather than let doctors decide who might benefit.

Last week, growers, doctors, patients and parents flooded public hearings held by the agency's Office of Compassionate Use in too-small meeting rooms in various cities. In Fort Lauderdale, one father said he was forced to travel out-of-state to get his son medical cannabis. He tried dozens of strains before finding one that eased the boy's pain from a brain tumor. He rightly fears that licensing only a few companies will lead to less quality and less variety.

Look, nobody wants pot shops on every corner, and most people agree on reasonable restrictions, including keeping dispensaries away from schools and children. But so, too, should the state be reasonable. A 90-day waiting period to obtain a prescription, as Bradley and the health department propose, is unreasonable. Several doctors said some patients need relief immediately. The state should trust doctors to use their best judgment.

There is no perfect system to implement medical cannabis, though other states have helped lead the way. Even doctors have differing opinions. Some will stay away so long as the federal government says marijuana is illegal. Others believe the medical profession needs training to best serve patients.

Still, lawmakers should remember that 71 percent of Floridians voted for medical marijuana and its support crossed party lines. No matter their personal feelings, Floridians have spoken. With the legislative session preparing to convene March 7, we'll see if those elected to represent us are listening.